IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090012962 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service and the five following awards:

* Combat Infantryman Badge
* Army Commendation Medal (Third or Fourth award)
* "Operation Enduring Freedom Campaign Medal with any service
   stars"
* Army Achievement Medal
* Army Good Conduct Medal

2.  The applicant states his overseas service and some of his awards are not listed on his DD Form 214.

3.  The applicant provides copies of four documents:

* Orders 085-049
* A Non Article 5 NATO Medal Certificate
* Soldier Deployment History Outprocessing Report
* DD Form 214





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 July 2005 and he successfully completed his training as an infantryman.

2.  He was honorably released from active duty on 29 November 2008.  These four awards are listed on his DD Form 214:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Parachutist Badge

3.  The applicant's Enlisted Record Brief shows he was awarded the Combat Infantryman Badge along with the awards listed on his DD Form 214.

4.  Orders Number 085-049 awarded him the Army Commendation Medal for exceptionally meritorious service from 19 October through 23 October 2007.  A certificate shows he was awarded the Non-Article 5 NATO Medal for service with NATO, in relation to the International Security Assistance Forces Operation from 24 January 2007 through 13 April 2008.  Research discovered this operation occurred in Afghanistan.  His Soldier Deployment History Outprocessing Report shows he was deployed from 27 January 2007 through 15 April 2008.

5.  The applicant received Imminent Danger Pay from 22 January 2007 through 3 March 2008 according to officials at the Defense Finance and Accounting Service.  However, he is not credited with any Foreign Service on his DD Form 214.

6.  There is no evidence contained in the available records showing that the applicant was awarded or entitled to the Army Commendation Medal (Third or Fourth Award), Army Achievement Medal or Army Good Conduct Medal.  Also, he refers to an "Operation Enduring Freedom Campaign Medal" that does not exist.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, release from active service, or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 12f (Foreign Service) enter the total amount of Foreign Service completed during the period covered by the DD Form 214 and in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) enter all awards and decorations authorized for all periods of service.  For an active duty Soldier deployed with his or her unit during their continuous period of active service the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18 (Remarks).

8.  Military Awards Branch Message [dated 8 April 2005] provided the following implementing instructions for award of the Afghanistan Campaign Medal.  Award of the Afghanistan Campaign Medal is authorized for service in direct support of Operation Enduring Freedom on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of the operation.  The area of eligibility includes all land areas and air spaces of the country of Afghanistan.  To qualify for award of this campaign medal, service members must have been assigned or attached to or mobilized with units operating in these areas of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria:  

	a.  Engage in combat during an armed engagement, regardless of the time in the area of eligibility.

	b.  Participate in an operation or official duties resulting in medical evacuation from the area of eligibility for wounds or injuries.

	c.  Participate as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations [each day of operations counts as one day of eligibility].  

9.  Only one award of the Afghanistan Campaign Medal may be authorized for any individual.

10.  A directive issued by the Department of Defense on 16 April 2008 designated three campaigns with the Afghanistan Campaign Medal:  the Liberation of Afghanistan (11 September 2001 to 30 November 2001), Consolidation I (1 December 2001 to 30 September 2006), and the Consolidation II, 1 October 2006 to a date to be determined).

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the Afghanistan Campaign Medal for participation in each campaign.

12.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

13.  Army Regulation 600-8-22 also states that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  There is no automatic entitlement to the Good Conduct Medal; however, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his overseas service and five additional awards which were omitted.

2.  We note his contentions.  However, no evidence in his records shows he was awarded the Army Commendation Medal (Third or Fourth award), Army Achievement Medal or Army Good Conduct Medal.  Also, there is no "Operation Enduring Freedom Campaign Medal."  Therefore, these awards cannot be included on his DD Form 214 unless he can provide evidence to show he received them.

3.  Based on the available records, the applicant is authorized the Afghanistan Campaign Medal with one bronze service star.

4.  The applicant's Enlisted Record Brief shows he was awarded the Combat Infantryman Badge.  Orders Number 085-049 show he was awarded the Army Commendation Medal and the certificate he submitted shows he was awarded the Non-Article 5 NATO Medal.  It is appropriate to add these awards to his DD Form 214.

5.  We can presume, based on the documents he submitted, he had foreign service in Afghanistan from 27 January 2007 through 15 April 2008.  Therefore, it would be in the interest of justice to correct the applicant's records as recommended below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  item 12f to show he completed 0001 year(s), 02 month(s) and 20 day(s) of Foreign Service; 

	b.  item 13 to add the Combat Infantryman Badge, Army Commendation Medal (first award), Non-Article 5 NATO Medal, and Afghanistan Campaign Medal with one bronze service star; and

	c.  item 18 to add the entry "SERVICE IN AFGHANISTAN FROM 20070127-20080415."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he was awarded the Army Commendation Medal (Third or Fourth Award), Army Achievement Medal, Army Good Conduct Medal and "Operation Enduring Freedom Campaign Medal."



      
      ___________x____________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090012962



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ABCMR Record of Proceedings (cont)                                         AR20090012962



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